Gujarat Court September 1976 Judgments
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Kalidas Motiram Patel Vs. Makibai Rustomji Vimadalal and ors.
Court: Gujarat
Decided on: Sep-30-1976
Reported in: (1977)18GLR910
M.P. Thakkar, J.1. The question regarding the import and true meaning of the expression 'a contiguous survey number' occurring in Sub-section (1) of Section 7 of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 194? (Bombay Act No. LXI1 of 1947) (hereafter referred to as 'the Act') has surfaced in this petition by an agriculturist who purchased land comprised in a survey number which was so situated that it was adjoining to his own land except and save for the fact that a narrow approach road separated the two boundaries2. In village Gandevi, there was an agricultural field admeasuring 12 Bighas and 4 Vasas comprised in Survey No. 259. In the year 1913, 5 Bighas and 3 Vasas of survey No. 259 were placed under acquisition for a public purpose, viz. Bilimora-Sara road. Some time later, 13 Vasas of land were placed under acquisition for a public purpose, viz. for construe tion of an approach road from Gandevi Kasba to Gandevi Station. The result of the latter acquisit...
Surat Jari Vepari Mandal Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Sep-28-1976
Reported in: (1977)18GLR831
S. Obul Reddi, C.J.1. This Special Civil Application is filed by Shri Surat Jari Vepari Mandal and two jari merchants of Surat challenging two notifications issued by the State of Gujarat, on: dated August 6, 1970 and the other dated December 16, 1975, fixing the minimum rates of wages under the former notification and revising the minimum rates of Wages under the latter notification in respect of the employment in jari industry in the State of Gujarat.2. The first petitioner is an Association consisting of persons engaged in the business of manufacture and sale of jari goods. Petitioners Nos. 2 and 3 are merchants engaged in the trade and business of manufacture and sale of jari goods. The main case of the petitioners is that Akhadedars are not 'employees' as defined in Section 2(i) of the Minimum Wages Act, 1948, (hereinafter referred to as 'the Act') and, therefore, they are not entitled to the benefit of the minimum rates of wages fixed under the two notifications. According to the...
Valubha Mahubha Vs. Contractor Danubha Devubha and ors.
Court: Gujarat
Decided on: Sep-27-1976
Reported in: (1977)18GLR367
N.H. Bhatt, J.1. This is Criminal Revision application of one private complainant of Criminal Case No. 35 of 1974 of the Court of the Magistrate at Muli. The complaint was for the offence under Section 302 read with Sections 120-B and 34 of the Penal Code. The complainant happens to be the uncle of one Indubha, aged about 16 years the deceased. The deceased was serving in the mines owned by the accused no. 1. The accused no. 2 was alleged to be the Sarpanch of village Tranetar. The allegation was that on 20th June, 1972 the accused no. 1 had killed Indubha by means of an instrument known as 'Trikam' and had disposed of hitt dead-body with the' help of the accused no. 2 without informing the police about it. As the police had not investigated the case properly, the complainant had filed the complaint before the learned Magistrate 5-4-1973 about ten month after the incident. The learned Magistrate had held the inquiry under Section 202 of the Criminal Procedure Code, 1898 and after being...
Sayed Mohomed-baquir and anr. Vs. the State of Bombay Now Gujarat Overruled
Court: Gujarat
Decided on: Sep-23-1976
Reported in: AIR1977Guj62; (1977)0GLR1
S. Obul Reddi, C.J.1. The following two questions have been referred for the decision of the Full Bench by our learned brother D. P. Desai J:-' (1) Whether Civil Court has jurisdiction to decide whether a particular grant is a personal inam in view of Explanation I to Section, 2 (1) (e) of the Bombay Personal Inams Abolition Act, 1952 and (2) Whether the inams held by religious or charitable institutions and entered as such in the alienation register kept u/s. 53 of the Code or in the records kept under the rules made under the Pensions Act, 1871 only are saved from the operation of the Act in view of the Explanation to Section 3 of the aforesaid Act?' In so referring the two questions, the learned Judge doubted the correctness of the decision of the Division Bench of this Court in Sayed Mohmed v. State : (1966)7GLR217 . The Division Bench in that case though at one stage posed the question whether the inam in question is a personal inam as defined in Section 2 (1) (e) or whether it is...
Prabhudas Chhaganlal and anr. Vs. Babubhai Virabhai Miseria and anr.
Court: Gujarat
Decided on: Sep-20-1976
Reported in: 1977CriLJ1666; (1977)GLR147
D.P. Desai, J.1. This revision application raises a question of general importance as to the powers of the Sessions Judge in the matter of enhancement of sentence in exercise of his powers of revision conferred upon him by the provisions of Section 397 read with Section 399 of the Cri.P.C., 1973 (hereafter referred to as 'the new Code'). The repealed Code of Criminal Procedure, 1898 will hereafter be referred to as 'the old Code'. The question has been referred to us by our learned brother A. N. Surti, J. observing that it was of some considerable importance.2. The facts leading to the aforesaid question may now be stated. The petitioners before us (original accused Nos. 1 and 2) pleaded guilty to a charge for offences punishable Under Sections 332 and 504 of the I. P. C. before the learned Magistrate accepting the said plea sentenced each of them to a fine of Rs. 100/- only with rigorous imprisonment for 15 days in case of default for the former offence and to a fine of Rs. 50/- with ...
State of Gujarat Vs. Keshavram Shivram Devmurari and anr.
Court: Gujarat
Decided on: Sep-14-1976
Reported in: (1977)18GLR524
N.H. Bhatt, J.1. This is the suo motu revisional proceedings initiated by the High Court. One Keshavram Shivram had filed a criminal case No. 1555 of 1975 in the Court of the Metropolitan Magistrate, Ilnd Court, Ahmedabad for offences under Sections 323, 504 and 506 of the I.P.C.2. The complainant was examined as a witness and so were examined his two witnesses and the case thereafter was adjourned to some other date for examination of a Doctor to prove the alleged injuries on the person of the complainant. On that adjourned date of hearing, the complainant's lawyer and the witness - the Doctor - were present, but the complainant had not remained present. The lawyer for the complainant offered to examine the Doctor and to go ahead with the proceedings, but the learned Magistrate dismissed the complaint on account of the absence of the complainant and acquitted the accused. The matter came to: the noticed of the High Court and the above proceedings have been initiated.3. The original ac...
State of Gujarat Vs. Babusing Fatesing
Court: Gujarat
Decided on: Sep-14-1976
Reported in: (1977)18GLR365
N.H. Bhatt, J.1. This is the State's appeal under Section 377 of the Criminal Procedure Code for enhancement of the sentence.2. The facts of the case are that in criminal case no. 376 of 1974 before the Metropolitan Magistrate, 9th Court, Ahmedabad, the present respondent-the original accused had come to be prosecuted for offences under Section 279 and 304A of the I.P.C. and offences under Sections 112 and 116 of the Motor Vehicles Act. The charge, ex, 2, framed against the accused was that on 3.10.74 at about 3.00 P.M. the accused had driven his motor truck No. GTA 1622 on the public road outside Raipur Gate in a manner so rash and negligent as to endanger human life and that by that act, he had caused the death of one labourer Ramaji Naranji. The statement of the accused, ex. 3, shows that on the day following the day of the framing of the charge, that is on 4,11.74, the accused pleaded not guilty to the charge and had claimed to be tried. Thereafter on 15.3.75 the formal informant o...
Golden Tobacco Co. Ltd., Bombay Vs. Union of India and anr.
Court: Gujarat
Decided on: Sep-08-1976
Reported in: 1977(1)ELT113(Guj)
J.B. Mehta, Ag. C.J. 1. The petitioner had in this petition challenged the order of the second respondent Assistant Collector of Central Excise, at Annexure 'D' dated April 20, 1974 refusing to give the refund or make the adjustment by making 3 per cent or the additional decduction as sought under the Chartered Accountant's certificates by way of marketing expenses and for consequential refund for the period between December 1, 1972 to May 15, 1974 and for a writ not to recover excise duty by including in the wholesale cash price of the products of the petitioner the post manufacturing expenses and to approve the price list accordingly. The petitioner has two cigarette factories at Bombay and Baroda. The petitioner has stated that it follows a uniform pattern for marketing goods as it sells the products manufactured by it to distributors who in turn sell the same to the wholesale dealers. Under the self removal procedure, the petitioner had submitted from time to time the price list of...
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